General conditions
Index
1. Definitions
2. Object
3. Conclusion of the Sale and Purchase Agreements
4. Price and shipping costs
5. How to purchase
6. Methods of payment
7. Shipping and Delivery of Items
Right of withdrawal
9. Defects / non-conformities of the Articles
10. Product Liability
11. Privacy
12. Errors and / or inaccuracies in the On-Line Shop
13. Intellectual Property
14. Applicable law
15. Contacts
Definitions
The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
● Customer: means any person (natural or legal person) who purchases one or more Items through the On-Line Shop, accepting the General Conditions.
● Bellerrimo Srls s.r.l .: means Bellerrimo Srls with registered office in via Sempione, 11 - Monza 20900, a company that carries out the retail sale of items through the On-Line Shop.
● Parties: means jointly and the Customers.
● General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by Bellerrio Srls
● Online Shop: means the virtual shop, managed by and accessible through www.bellerrimo.it, through which it is possible to purchase the Items.
● Sale and Purchase Agreements: means the purchase and sale agreements for the Articles concluded, pursuant to art. 3, between Bellerrimo Srls and Customers through the On-Line Shop.
● Purchases: means purchase orders for items sent by customers, in accordance with the General Conditions and following the procedure set out in art. 6.
● Confirmation of Purchases: means the e-mail message through which it communicates the acceptance of Purchases to Customers.
● Price: means the sale price of the Items as indicated in the Online Shop corresponding to the Items themselves.
● Items: means the items published in the On-Line Shop for the purpose of their sale.
New Items: means new or recent items published in the Online Shop still covered by the manufacturer's warranty.
● Used Items: means items published in the Online Shop that are already used or, even if never used, no longer covered by the manufacturer's warranty.
Profile: means the area of the Online Store in which Customers can, after authentication: (i) view and modify their personal data and the addresses where the Items subject to Purchases must be shipped and delivered; (ii) view past Purchases; (iii) access any other specific function relating to their activity in the Online Store.
Object
2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.
2.2 Bellerrimo Srls reserves the right to modify the General Conditions at any time, it being understood that those published in the Online Shop at the time of Purchase by the Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the Online Shop, the terms and conditions most favorable to the Customers will be applied.
Conclusion of the Sale and Purchase Agreements
3.1 Bellerrimo Srls undertakes to send the Purchase Confirmation to the Customers within 3 working days of receipt of the Orders from the Customers.
3.2 The Sale and Purchase Agreements are considered concluded between the Parties when the Customers receive the Purchase Confirmation. If Customers do not receive the Purchase Confirmation within the deadline indicated in art. 3.1, the relative Order must be considered rejected by Bellerrimo Srls and, therefore, without effects.
3.3 At the time of Purchase, Customers declare that they have read all the instructions relating to how to purchase the Items referred to in art. 6 and to have fully accepted the General Conditions as well as having read all the further information contained in the On-Line Shop, also recalled via links.
3.4 Purchases will be filed in the database of the On-Line Shop, according to the procedures and in compliance with the provisions of Legislative Decree 06/30/2003 n. 196 ("Privacy") and will be accessible by contacting the references referred to in art. 16 or by accessing the Profile.
Price and shipping costs; taxes and duties
4.1 The Price is expressed in € (Euro). The applicable Price is the one published in the Online Shop at the time of Purchase by the Customers.
4.2 The Price is inclusive of VAT (at the rate applicable at the time of the order) if the Items are shipped from and delivered within the European Union.
4.3 The Price does not include shipping costs. Bellerrimo Srls reserves the right to ask customers for a contribution for shipping costs which may vary according to the type of delivery, the quantity of items to be delivered, their volume, their weight and their destination.
4.4 The contribution requested by Bellerrimo Srls for shipping costs is indicated separately from the Price, is indicated in the Purchase phase, and will be paid by the Customers together and at the same time as the payment of the Price in accordance with the procedures set out in art 6.
4.5 Any taxes, duties, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Items, directly to the competent tax or customs authorities or to the courier in charge. of delivery
Method of Purchase
5.1 In order to proceed with the Purchase, Customers are required to register in the Online Shop by entering all the "mandatory" data and choosing a password to access their Profile.
5.2 Customers can purchase the items by selecting them in the section of the On-Line Shop, dedicated to the type of product sought and inserting them in the "cart". If the Articles that the Customers intend to purchase are more than one, the same procedure above must be repeated by clicking on "add other products". Once the choice of items has been completed, customers, if they have not already done so previously, must proceed with the registration pursuant to art. 5.1 or, if already registered, they must authenticate by entering the e-mail address and password in the appropriate spaces and click on "go to the cashier". Having verified the correctness of the data relating to the chosen Article / s and the "sending information", Customers must choose the payment method referred to in art. 6. "Choosing the payment method", Customers can proceed with the purchase by clicking on "send".
Terms of payment
6.1 Customers can pay the Price and the contribution for the shipping costs referred to in art. 5 by credit card, PayPal, bank transfer or other means of payment that may be indicated by in the On-Line Shop. Bellerrimo Srls reserves the right to vary, at any time, the means of payment that can be used by the Customers, it being understood that those published in the On-Line shop at the time the Purchase is sent by the Customers will be considered usable.
6.2 In case of payment by credit card, the Customer will be charged the Price and the contribution for the shipping costs referred to in art. 5 occurs, once the credit card data has been verified and the authorization for the debit from the company issuing the credit card used by the customers has been received, together with the sending of the Purchase Confirmation. The credit card data sent during the Purchases are protected and are sent directly to the banking company that manages the payments. Payment is made directly on a secure server, in compliance with the PCI standard and through check-out with 3D Secure in order to guarantee the absolute security of the transaction. Credit Card data are not accessible by or in any case by third parties, neither at the time of sending the Purchases nor subsequently.
6.3 In case of payment via PayPal, at the time of the Purchase by the Customers the web session will be transferred to the secure PayPal website. On this website, customers can complete the payment of the price and the contribution for the shipping costs referred to in art. 5 using their own PayPal account and according to the conditions of use of the PayPal service subscribed by the Customers at that time or previously. The charge of the Price and the contribution for the shipping costs referred to in art. 5 on the PayPal account of the Customers takes place at the same time as Bellerrimo Srls sends the Purchase Confirmation.
6.4 If requested by the Customers, at the same time as sending the Purchases, it will send the Customers a regular invoice, by e-mail or mail or electronic invoice. For the purpose of issuing the invoice, the information provided by the Customers is valid. No variation of the invoice will be possible after its issue by Bellerrimo Srls
6.5 The information received from pursuant to this Article 6 will be used exclusively to complete the procedures relating to the sale of the Items and for the refund procedures in case of exercising the right of withdrawal pursuant to art 8. by the Customers.
Shipping and delivery of the Items.
7.1 Given that the "shipment" of the Items by Bellerrimo Srls means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Bellerrimo Srls is not required to ship the Items until it has received payment of the Price; once the payment of the Price has been received, Bellerrimo Srls undertakes to ship the Items:
- within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;
- within 3 working days from the time the payment information has been made available in case of payment by means other than credit card;
7.2 Bellerrimo Srls guarantees the shipment of the Items, in the States indicated in the On-Line Shop, by express couriers selected from time to time depending on the Item being purchased and the place of destination.
7.3 The items are delivered by the courier selected by Bellerrimo Srls, for shipment to the address indicated by the Customers, only upon registration of the payment.
7.4 Bellerrimo Srls, not being able to directly control the deliveries of the Items after their shipment, cannot be held responsible in any way for any delays in delivery times.
7.5 In order to allow Customers to follow the status of Purchases, it generates a Purchase number which, inserted in the "My orders" section - accessible from all pages of the On-Line Shop - allows you to verify all information relating to Shopping.
7.6 Customers can also check the status of shipments thanks to the online "Order Tracking" function provided by the courier chosen for delivery. This verification can be carried out by the Customers only after the shipment of the Items and using the tracking data communicated by Bellerrimo Srls by e-mail or by accessing the Profile.
7.7 Shipping costs include careful packaging to best preserve the Items. Once the items have been shipped and the parcel tracking number has been communicated to the customer, Bellerrimo Srls is not liable for any damage or loss caused by carriers.
7.8 Any damage to the packaging / packaging of the Articles must be immediately contested by the Customers by placing a written control reserve on the proof of delivery by the courier. It is understood that, once the courier's document has been signed without any dispute, the Customers can no longer raise any objection to Bellerrimo Srls. with reference to the external characteristics of what was delivered.
7.9 Items can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the items are delivered must sign to certify the delivery. Couriers do not deliver to post office boxes or by inserting letterboxes or other similar places.
Right of withdrawal
8.1 If the Customers are "consumers" (ie a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), the Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers by sending a written communication, by e-mail to the address referred to in art. 16, containing:
(i) the manifestation of the will to exercise the right of withdrawal;
(ii) the indication of the Article that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
8.2 In case of exercise by the Customers of the right of withdrawal referred to in this art. 9:
(i) Customers undertake to return the Items within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;
(ii) all costs associated with the return of the Items are entirely borne by the Customers;
(iii) Bellerrimo Srls undertakes to reimburse the Price as quickly as possible, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- The Items have been returned and are intact;
- the original packaging / packaging of the Items is also returned and the same is intact;
- any accessories, instruction manuals, etc. are also returned and they are intact;
- The Items have not been used;
(iv) Bellerrimo Srls will communicate to the Customers how to reimburse the Price and may, for this purpose, ask the Customers for their bank details (IBAN and account holder).
8.3 Should the Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article 9, the Customers will not be entitled to a refund of the Price.
8.4 As an alternative to exercising the right of withdrawal pursuant to this art. 9, "Consumer" Customers (according to the definition referred to in Article 9.1) can opt for a "product change" according to the methods and terms specified in the Online Shop.
Defects / non-conformities of the Articles
9.1 If the New Items have a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.
9.2 "Consumers" customers (as defined in art. 9.1) may request the seller, within the period referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided for by the Consumer Code for the lack of conformity of the Used Items at the time of delivery of the goods.
Responsibility of the Manufacturer New items
In the case of the purchase of new items, the manufacturer of the items is the person responsible for any damage caused by defects in the items themselves.
11- Responsibility and safety Used items
11.1 - Bellerrimo Srls is not responsible in case of damages, direct or indirect, of any nature and extent, deriving from the improper installation and / or use and / or of the used items purchased not in accordance with the instructions provided, or unlawful , as well as in case of damage deriving from unforeseeable circumstances or force majeure. In this regard, Bellerrimo Srls specifies that electrical and lighting fixtures sold and available on the site are original vintage products, therefore in almost all cases they do not have the original packaging, or instruction booklets and have the old electrical system
11.2 Bellerrimo Srls specifies that in its Online Shop it offers various kinds of items for hobby, collecting and furnishing, such as (but not limited to) lighting, furniture, chairs, tables, ceramics, glass, clothing and accessories , sculptures and paintings. Remembering that these are mainly used products, Bellerrimo Srls cannot guarantee in any way the compliance of certain items such as mechanical or electrical appliances with current regulations, nor their correct functioning. Equally in the case of items relating to furnishings intended for private, public or office use, Bellerrimo Srls cannot guarantee that they comply with current safety standards. Therefore, before installing and using mechanical or electrical equipment, customers are invited to always contact a professional expert who can, at the same time, verify and certify the good condition of the function.
11.3 - With reference to what is indicated in the previous article 11.2, Bellerrimo Srls cannot be held responsible for any damage to things and / or persons caused by the malfunctioning of the Articles mentioned therein.
11.4 - Bellerrimo Srls cannot be held responsible for any damage to things and / or people caused by errors in the assembly / installation of the products by the Customer or by other technical personnel appointed by the same.
Privacy
Bellerrimo Srls declares and guarantees that the personal data of the Customers will be treated in compliance with the provisions of Legislative Decree 196/03, and subsequent amendments. Details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2.
Errors and / or inaccuracies in the On-Line Shop
13.1 Bellerrimo Srls undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop contains, or may over time contain, errors, inaccuracies or omissions.
13.2 Bellerrimo Srls therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.
Intellectual property
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Bellerrimo Srls. The On-Line Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Bellerrimo Srls.
Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in Articles 50 to 67 governs distance contracts - and by Legislative Decree 70 of 09 / 04/2003 on electronic commerce) and in the light of this must be interpreted.
15.2 For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Monza court will have exclusive jurisdiction.
Contacts
For further information and assistance on the On-Line Shop or on how to purchase on the On-Line Shop or on Sale and Purchase Agreements, Customers can contact our customer service info@bellerrimo.it, or by letter to the address below : Via Sempione 11 Monza 20900 (MB) c / o Bellerrimo.